Joseph McKenna

“ By a prior enactment the payments made to the delegation were from the national treasury, and another (1867) provided for such payment. In other words, until the enactment of February 25, 1888, the control of the appropriation was in the Nation and payments out of it by the Nation.
Our conclusion, therefore, from the record, is not that of the Court of Claims. There was implication, at least, of liability to the delegates individually; and this was the understanding of the delegates. Le Flore so understood it, and the payment made to Garland's estate was a recognition of it. ”

“ Delegates, however, died, and others were appointed in like generality, and finally there was a concentration in Le Flore and McCurtain, and, the National Council reciting that the delegates preceding Le Flore and McCurtain had recovered from the United States $2,858,798.62, and that the delegates were entitled to 20 per cent. ”